In the December 2009 issue of Focus on Franchise Law, the following topics are discussed:

• A franchisor’s request for a permanent injunction to enforce a non-compete covenant is rejected
• A franchisor’s motion for a permanent injunction is partially granted and the counterclaim for damages is dismissed
• A motion for the rescission of a franchise agreement and for damages, including moral damages is partially granted
• An action seeking damages founded on an abuse of right is partially granted
• Court concludes that franchisor did not breach its duty of good faith and fair dealing and condemns franchisee to pay royalties, advertising and other fees
• Failure to sign and date the required certificate of truth proves to be a fatal error for franchisor
• Court concludes that releases obtained on renewal or transfer of afranchise agreement are prima facie void
• Court rejects a franchisor’s request for an interlocutory injunction to prevent a franchisee from offering services
• Court finds in favour of the franchisee as a result of deficiencies in the franchisor’s disclosure document
• In brief

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